Basetti v. Nour
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Feuerstein, J.
In this case, we are called upon to determine the burden a plaintiff must satisfy in order to restore a case within one year after it has been marked “off’ or struck from the trial calendar pursuant to CPLR 3404. Prior cases from this Court have applied varying standards for restoration focusing on the basis of the “off” marking. For the reasons that follow, we hold that those cases should no longer be followed because they are inconsistent with the purpose of CPLR 3404.
I. FACTS OF THIS CASE
In January 1995, the plaintiffs commenced this action to recover…
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